2014-308ORDINANCE NO. 2014-30g
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
("CITY"), AS BUYER, AND HABIB PYARALI ARAB ("OWNER"), AS SELLER, TO
ACQUIRE (I) FEE SIMPLE TITLE TO A 1.398 ACRE TRACT; AND (II) A SLOPE
EASEMENT ENCUMBERING A 0.151 ACRE TRACT, BOTH TRACTS LOCATED 1N THE
M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1469, CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING GENERALLY LOCATED IN THE 1500 BLOCK OF NORTH
MAYHILL ROAD (THE "PROPERTY INTEREST") FOR THE PURCHASE PRICE OF TWO
HUNDRED EIGHTY SEVEN THOUSAND NINE HUNDRED DOLLARS AND NO CENTS
($287,900.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE
AGREEMENT (THE "AGREEMENT"); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made a bona iide offer to the Owner to purchase
the Property Interests;
WHEREAS, Owner has made a counteroffer to the Final Offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the Purchase Agreement, between the City and Owner, in the form attached hereto
and made a part hereof as Exhibit "A", with a purchase price of $287,900.00 and other
consideration, plus costs and expenses, all as prescribed in the Purchase Agreement; and (ii) any
other documents necessary for closing the transaction contemplated by the Purchase Agreement;
and (b) to make expenditures in accordance with the terms of the Purchase Agreement.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
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CHRIS .. . .._._.. .
WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated ��,�"���",����m���_� ���°� �
2014, but effective as of the date provided below, between Habib Pyarali Arab (referred to
collectively herein as "Owner") and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Habib Pyarali Arab is the Owner of a tract of land (the "Land") in the M.E.P.
and P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton County, Texas,
being affected by the Mayhill Road Widening and Improvements Project ("Mayhill Project)
referred to herein as the "Project");
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements, being a part of and encumbering the Land, related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called) conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain
Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special
Warranty Deed being attached hereto as Attachment 1 and made a part hereof, and (ii) a Utility
and Slope Easement (the "Easement"), in, along, upon, under, over and across the tracts of land
being described in Exhibit "A" and depicted in Exhibit "B", to that certain Utility and Slope
Easement, the Easement being attached hereto as Attachment 2 and made a part hereof, for
utility and slope purposes, as more particularly described therein, related to the Project (and
referred to herein collectively as the "Easement Lands"),
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1", and (ii) the Utility and Slope Easement shall be in the
form and upon the terms as attached hereto and incorporated herein as "Attachment 2" (the Fee
Lands and the Easement Lands are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement of
any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and
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shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
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��'' ��� 2. As consideration for the gr��i������� ����c1 ��s��vr�y�i����, ���C�l�� 1'�•����c�tv 1�u ���� ���1�, ���� � i���+ �t���ll pay to
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'� �� Owner z�� +�'. kc���r� � �k��. ��:���a of °I������C•�����a��� =1��' �"� �����'���'1'��'��' �����t����*t "� �a�m��'."�°" �.�.�' No/100
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�:�ollars�����„����;���d�4,�;�. '�°I��� monetary compensation prescribed in this Section 2 is herein referred to
as the "Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
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the Project and/or the transactions contemplated by this Agreement, value of, damage to and/or costs
of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any kind within the Easement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and/or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for
themselves, their heirs, devisees, successors and assigns, the City, it's ofiicers, employees, elected
officials, agents and contractors from and against any and all claims they may have now or in the
future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 180 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner.
4
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The date on which this A reement is executed b 1�.�.��c����k�� �
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7, g y �1 [ be the "Effective Date" of this
Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
5
C�I�.�/�I�1.�
Habib Pyarali Arab
Phone.�....�.�.�...�.
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Anita Burgess, City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. Owner represents and warrants to the City that (i) it has taken all actions necessary to
authorize the party executing this Agreement for and on behalf of Owner to bind, in all respects,
Owner to all terms and provisions hereof; and (ii) this Agreement is binding and enforceable, in
all respects, against the Owner.
14. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easement.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
0
CITY OF DENTON, TEXAS
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-�----�
GEORGE C. �a�:i"�:1�1���1dT�,
CITY MANAGER
Date: �� � �d �,d°^ , 2014
ATTEST:
JENNIFER WALTERS, CITY ,SECRETARY
, � � ,� �
BY: _ `° ����;����--�'���-°"�" ''�����_������%'J�°'�� „ �:������"��rv
a;� '
Date : ...................�.��:��" �i° �:� � 2014
... � ..................._...__
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
Date; , 2014
...... .... I ---- .
OWNER: �.�..e...
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HABIB PYARALI ARAB
Date u �
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RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title;
Contract receipt date: _ .. .............. 2014
8
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That Habib Pyarali Arab (herein called "Grantor"), for and in consideration of the
sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable
consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas
Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton,
Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" and depicted in Exhibit "B", attached
hereto and made a part hereof for all purposes, and being located in Denton County,
Texas, together with any and all rights or interests of Grantor in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
This conveyance, however, is made and accepted subject to any and all validly existing
encumbrances, conditions and restrictions, relating to the hereinabove described property
as now reflected by the records of the County Clerk of Denton County, Texas.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
Page 2 of 3
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED the � � day of
THE STATE OF TEXAS §
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� �r��3�1� PYARALI ARAB
ACKNOWLEDGMENT
COUNTY OF DENTON §
This instrument was acknowledged before me on � , 2014 by
Habib Pyarali Arab.
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Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
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���f� r�^� ��u1� �i�, State of Texas
My c��i����sia�a� expires: — ......... ....�
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
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��� �; rthur Surveying Co., Inc.
�rofessaiona.l �,as2d Surveyars
P.O. Bo� 54 -• Lewisville, 1 esas 75067
011icc: (972) 221-9439 -- Fax: (972) 221-�1675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M026
1.398 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, City of Denton, Denton County, Texas, and being part of that ceirtain tract of land described by deed to Habib
Pyarali Arab, recorded Volume 4634, Page 2260, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
BEGINNING at a"PK" Nail set in Mayhill Road for the most easterly northeast corner of said Arab tract and the
southeast corner of a tract of land described by deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume
1546, Page 775, D.R.D.C.T.;
THENCE South 02 degrees 40 minutes 25 seconds West, with the east line of said Arab tract and with Mayhill
Road, a distance oF 599.94 feet to a"PK" Nail set for the southeast corner of said Arab tract and the northeast corner
of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939, D.R.D.C.T.;
THENCE North 88 degrees 39 minutes 45 seconds West, witli tlie soutli line of said Arab tract and the north line of
said I{odge h•act, a distance of 1 19.09 Feet to a U2 inch iron rod �vitli yellow cap stamped "Arthur Surveying
Company" (ASC) set for corner;
THCNCE North 03 degrees 22 minutes 54 seconds East, over and across said Arab tract, a distance of 166,98 feet
to a 1/2 incli iron rod witli yellow c1p stamped "ASC" set for tl�e beginning of a cucve to the right, liaving a radius of
1267.50 feet;
THENCE over and across said Arab tract, with said curve to the right, through a central angle of U6 degrees 54
minutes 12 seconds, whose chord bears North 06 degrees 50 minutes 00 seconds East at 152.62 feet, an arc length of
152.72 feet to a 1/2 inch iron rod �vith yellow cap stamped "ASC" set for corner;
THENCE North l0 degrees 17 minutes 07 seconds East, over and across said Arab tcact, a distance of 232.48 feet
to a I/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of 1 curve to the left, having a radius of
1132.50 feet;
THENCE over and across said Arab tract, with said curve to the left, through a central angle of O l degrees 54
minutes 52 seconds, whose chord bears North 09 degrees 19 minutes 4l seconds Gast at 37.84 feet, an arc length of
37.84 feet to a 1/2 inch iron rod with yello�v cap stamped "ASC' set for corner in a north line of said Arab tract and
the south line of said Edwards tract;
TEIENCE North SO degrees 18 minutes I S seconds East, with a north line of said Arab tract and the south line of
said Edwards tract, passing a l/2 inch iron rod found at 41.44 feet, continuing on for a total distance of 72.42 feet to
the POINT OF BEGINNING and containing 1.398 acres of land, of which 0.364 acre lies within existing i�1� ��
Road. ^ �� � �� �M1���
C1107131-45
Parcel M026
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Earl Edwarda &
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Ken Hodge & Assoctates
Volume 2321, Page 939
EXHIBIT "B"
Ma hill Road
Rl8'�t—O�—wBy
Parcel M026
1.398 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
Cit y of Denton
Denton County, Texas
-- 2012 --
;�. � a�� �
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� � '� SCALE: l" = 100' ��� �mmmmmmm�X��o
Bearings shown hereon besed on the City of
Denton G1S Network.
NO'I'ES:
• I.R.F. = 1/2" Iron Rod Found
• I.R,S, = 1/2" Iroii Rod Set witl�
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Gasements recorded in Vol. 266, Pg.
72, Vol. 308, Pg. 257, Vol. 462, Pg.
333, Vol. 2845, Pgs. 459 & 465 &
C.C.#96-77932 do not affect subjcct
lroct to the best of my knowledge.
�New Right-of-way 1 034�c (a5,047)�µg W W:�
Exi^��wu � 1i�d a1i� w� Dedication 0 36 a� � I�� 3��u , EV.,
e._�..._ 1.����� ,�.���,� �6oe��� s�, t�.} ���
Right-of-Way
Parcel M026
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ddd 09�, �o�E! , 8k0 Ln 6¢t
i[�e ctep an �t�p a �Fpda� uff
iaargraeaw�rn�� esa,�v, ��+a�cvu��ast�w d�r rti��t� gyf � 8�t f
ti�� ��r��sr m�tia���m�` us�'a�r�a �r�tl ��t �tloorerea 6 �.
rthur Surveying Co., I nc.
��ao�r z,�d s�ey�
P.O.Box 64 — Lewieville, Teaae 76087
Office: (972) 221-9439 Faa: (B72) 221-4976
Eetabliehed 1988
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00128541
Instrument Number: 2014-128541
Recorded On: December 19, 2014
•�TiaC:��1�7_1�J[3[ l,'t_7C7_l�
To
Comment:
Warranty Deed 46.00
Total Recording: 46.00
As
Warranty Deed
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Billable Pages: 6
Number of Pages: 6
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-128541
Receipt Number: 1235919
Recorded Date/Time: December 19, 2014 04:06:16P
User / Station: D Kitzmiller - Cash Station 2
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
�� ' ���
� R q I E'"
�',�'� p 3 r' �
,•
"���^,',"�� ���,�'��„�
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and was duly RECORDED In the OFflclal Records of Denton County, Texas.
��-
County Clerk
Denton County, Texas
��„°� �� ����
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND SLOPE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Habib Pyarali Arab ("Grantor"), in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along,
upon, under, over and across the following described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, located in the M.E.P. and P.R.R. Company
Survey, Abstract No. 1469, in the City of Denton, Denton County, Texas, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT ��B",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and uninterrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities and/or lateral slope features or grade, or any part
thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates
and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the
grade of the Property and may remove from the Property, such buildings, fences, structures,
signs, facilities, improvements and other obstructions as may now or hereafter be found upon
said Property and dispose of any such buildings, fences, structures, signs, facilities,
improvements or obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with Grantee's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
i�
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described,
� � �
Witness our hand, this the w day of „� m��� � 2014.
Grantor:
�,. ����
���
� �,� ��..
HABIB---- ��__�._���� �.�. ...� .........._
PYARALIARAB
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowled ed befare me on �� 2014 by of Habib
g :: ..� . ..... �_.. .—�
Pyarali Arab. �
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AFTER RECORDING RETURN TO:
City of Denton – Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
''�����NM'"�"�'�r' 1��, �wt��t� ofTexas
My �;c����N ission expires: mm„
��i
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ff�.�. �3c>�: 5s-� �-• �,���n�vw➢Il�, °L�°��.s�� °7�Q1�°7
�A.]lac�a;: �a�i'?� ?;�T 9 -�a&:��� . IF<'8a�: ��°i"�� �?? a �._�6G"�°7.5
6L 4f
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Fi�IhIG all that c�e�tain lot, track o�• par��l of I�nd situated iai the IvI.�.P. �c �.Ct.It. �;�. Survey, Abstr�ct Numb�r
1469y C�IIy CIl IA�CII�CIq Dents�n �aunty, "f�xas, and b�in� pai°t nf Yh�i certain tract oi` land describ�d by d��d to E[abib
Pyar°ali At•ab, recorded VolunYe 4G34, Page 2260, D��d Itecords, I)entmn County, 'fexas (�.It.D.�.T'.), aitd b�in�
ra�ore particul�rly d�sc�•ibed as fo�lc�ws:
C CIN at a"PK" Ivail s�t in ayhill �aad for the niast e�tsterly �ic�rtheast coriier of said Ai°ab tract ai�d
the southe�tst corn�r of � tract of land described Uy d�ed to Eai°I Edvv�rds aiid evife, �uth Edwards, i•ecord�d it�
\/olurne l546, I'age 775, T3.R.CB,�.°f,;
'T EI�C� South 02 degr��s 40 minufes 25 secor►ds VJ�st, vviNt tltie east lin� ��°said Arab tract �end with IVlayhili
Road, a distance of 35,49 feet to � pc�int fmr carnerg
THEIYC� ��uth �0 de�re�s l4 n�inutes 47 seco�lds VVesY, over asid across said Ar�b tract, � distance mf 76.7� fe�t t�
the I T E II�NI1�f , same point being th� begin►7in� of a non�tau�ee�t curv� to tl7� i•ight, h�vi�,g �e cadiiis
of l 132.50 geet;
TfIElYCE over aoid a�ross s�id it���b U�ac,t, Wlill S�Id Clll'V� �O $Il� i`1���4, thr�u�h � c�ntr•al ����le of dU d��rees 03
inis7utes 20 secoilds, whose chord beai•s Soutli 10 degrees IS inir►i`tes 27 s�conds W�st �t 1.10 fe�t, ati �rc lengtli of
1,10 feet io a l/2 ii�cli iron r�d with y�llow cap stamped "�trth�`r Sui°veyi�t� Cmmpany" �AS�) set Por cc�rn�r;
T NC South 10 d��r��s l7 rriinutes 07 secoi,ds 4�/est, over and €scross said �lrab tract, a distaiice of 232.4� fe�t
to a i!2 incl� ii°on �°od witlti yellow c�p st�mpeci "ASC99 set For th� b�gin�iieig �f � c�rve tm ihe lefi, havin� a radius oi°
1267.50 F��i;
Tl-1�IYC� mver and ace•oss said Ar�b tr�ct, wifh sa►d curve t� ihe left, thra��sgh a centeafl angl� c�f 06 d�grees 54
n�inut�s 12 secot,ds, whose chord b��rs Soutfi 06 degr°�es 50 inii,attes d0 seconds est �t 152.62 feet, �n �rc leiigtll
of 152,72 feet to � l!2 inch ii•on r°od with yell�w uap st�eii�ped "�4S�" set foc cor�rer;
'T � South 03 de�re�s 22 rrrr�inutes 54 s�cortds VVest, over aiid �c►•oss said Arab iract, � distanc� af 166,98 feet
tc� a 1!2 inch ►ro� �°od vviih yellow uap stamped "ASC" s�t for coi°iY��• in the south la`ie rrf said �r�b tract �r�d the north
line of a tra�t of land des�rib�d by d�ed to ICei� Fi�dge and �ssociates, recorded iii Volume 2321, Pag� 939,
�.�.$/a�.P! .y
1` NC I�fortl� 8� degr°e�s 39 rnin�ites 45 seconds t7J�st, wiUl the srs�itl� lii'e �i`sa►d Arab tr��t and the north lir,e af
s�id F[od�e ti°�ct, � distanc� of l S.0 ( feet to � point fo�° cornei•s
'C �1��' Nmt•th 03 de�rees 22 rtiinut�s 54 s�co`ids �asY, �v�r �rid acr�ss s�id A�°�b tr�c4, a distaoi�e �t 167.5 l Pe�t
4� th� beginning mf a curve tcs the i°i�ht, haviri� a radius of 12�2.50 t�et;
�
rthur Surveying Co., I nc.
Pxet'�ssional Laad Surveyors
P.O. Box 54 -- Lowisville, Texsa 75067
OtYice: (972) 221-9439 •-- Faa: (972) 221-4675
THEIYCE over and across said Arab tract, with said curve to the right, through a central angle of 03 degrees 52
minutes 02 seconds, whose chord bears Nortli OS degrees l8 minutes 55 seconds East at 86.54 feet, an arc length of
86.56 feet to a point for corner;
THEPICE North 11 degrees 51 minutes 09 seconds East, over and across said Arab tract, a distance of 299.80 feet
to a point for corner;
THENCE North 80 degrees 14 minutes 47 seconds East, over and across said Arab tract, a distance of 5.32 feet to
the POINT OF BEGINNING and containing 0.151 acre of land.
� :�
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C1107131-45
Percel M026-SE
Earl Edwarda &
wife, Ruth Edwards • � ' ,�
� Vol. 1548, Pg. 775
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y yp^�A .,,.,�.��� ��y,�p4�q91��99����"` � . � ����0.!,
O�iF"�5 � ��N.A yX� r`� ,ry, ,y 1'�
N �d�„�m. �w. .r . ,,., . ,���1�"'� Y�'/r^�W�y�'+' "�"
.. ' 76��Pd,.;n
�.�.� . e . .. .... ��� °�� �
�°r,��� „� .... �' �� �� �� �� ��d , �
����"� �''�'� � �� �"'� `+� `''" � � ��
d���.��" ���ti ���a�r'�.�^'� ���`;�
�������� ���� ���
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0.151 Acre
Slope Easement
(60,886 sq. ft.)
C3�
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r h� � ��F �wl �� 1,
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r
Ken Hodge & Aaeoc a es
Volume 2321, Page 939
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�,,.,�,,,,..�.,,,,�,,,SCALE: l' = 100�.:: �H„N�i10
Y�li� f� ��� ti
Bearings shown hereon bnsed on lhe City of
Denton GIS Network.
NOTES:
• I.IZ.H'. = 1/2" Iron Rod Found
• [.R.S. = I/2" Iron Rod Set with
yellow cap stnmped "Arthur
Surveying Compauy"
• All improvements not shown hereon.
• Casements recorded in Vol. 26G, Pg.
72, Vol. 308, Pg. 257, Vol. 462, Pg.
333, Vol. 2845, Pgs. 459 & 465 &
C.C.#96-77932 do not affect subject
tract to the best of my knowledgc.
� �` � � ��t��r.x:
,�,, � Cl 11�32150 ! Ll lf��� �� �f� �:'i���r��
t� .a
'' r r r� ^� r� wr � a� a �� � r
'� i.R.s. � ;� �� �� � 1 � � �" 46�'' 1.10
� � C2 1267.50' l,��,��"" ����"�'��p' *5���a'��'C�'",��"""N� ��'�,���
� ,�
�3 1.282.50' ��. ��a' 03°52"�l�"" �1"tl�'� � �',�,�""�d �"�. �_�"
N� � ... . . . . . .
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� 'I.R.F.
(C.M.)
EXHIBIT "B"
Slope Easement
0.151 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
Citp of Denton
Denton County, Texas
-- 2012 —
������' ����
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9URV&YOR9 CERTTFICATTON:
The undetslyned doa heroby cartlty b 7YAe
x�� �o.�, xo, iozt� � iozcoi) mar �s
eurvay wm thle dey made on the �nund of the
�r��r� Crr��P��r wke.��r�hcw! x�ma��� �n�G t�a comect, and
h�.W wha d��p �a�'m�a k�aaaa�9�t��„ t�dto� �u�� no vlel6te
dlecrepaocla, ��eprl�f��q, re��uw��w�nu aea a�'mia+, E«cuuceuduy
llne aoofllod� r�n�r��+na��Kanr��w�uer� a�r�n�c���a�r�r�u� asP
Improvemente, aeemmb orrlghb of way thet!
heva been edvleed ofaxcept m shown Leroon.
rthur Surveying Co., Inc.
�,o��t z,�a s�
P.O.Box 64 — Lewlsville, Tezae 76087 �
Oftice: (972) 221-9439 Fas: (972) 221-4876
Eetabliehed 1988
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 001 28542
Instrument Number: 2014-128542
Recorded On: December 19, 2014
Parties: ARAB HABIB PYARALI
To
Comment:
Easement
50.00
Total Recording: 50.00
As
Easement
( Parties listed above are for Clerks reference only )
** THIS IS NOTA BILL'�"
Billable Pages: 7
Number of Pages: 7
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-128542
Receipt Number: 1235919
Recorded Date/Time: December 19, 2014 04:06:16P
User / Station: D Kitzmiller - Cash Station 2
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
� *� THE STATE OF TEXAS }
�` � �'�"`����s" COUNTY OF DENTON }
�
*� �
+� 1 hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
"�,_,w,p �; printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texae.
�.. �
��.._ � �a:��� ...�
Cij�A�Y�Iu(�
County Clerk
Denton County, Texas
�
DATE
TITLE RES�URCES
March 30, 2015
GF NO : 102399
�'� �� ��,� �.� ������ ��
TO : CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
901-A TEXAS ST
2"o FLOOR
DENTON, Texas 76209
RE ; Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced �le
as MEP & PRR CO., Abstract #1469, Tract 12a, Denton County, Texas and being commonly known
as U.S. 380 & MAYHILL RD., DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 103-0-102399 from TITLE RESOURCES GUARANTY COMPANY,
issued in connection with the purchase of the property described in the Title Policy.
The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers.
TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you
have a future need for the services of a title company.
Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE
RESOURCES help you with the purchase of your property.
ORIGINAL DOCUMENT(s) ENCLOSED
Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 South Loop 288 Suite #125 * Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 * Fax (940) 898-0121
103-0-102399
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,acknowledged, notarized or
delivered;
(iv) failure to perForm those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perForm those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachmenY' includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
� TLTA T-1 OWNER'S POLICY (2/1/10)
'7 � 1'; ;-1. '7` � • �� � '. � •
1
Name and Address of Title Insurance Company:
File No.: 102399
Amount of Insurance:
1 , • � "�
1. Name of Insured:
$287,900.00
December 19, 2014
Policy No.: 103-0-102399
TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporatian
2. The estate or interest in the Land that is insured by this policy is:
FEE SIMPLE: 1.398 acres Parcel M026
EASEMENT ESTATE: 0.151 acres SLOPE EASEMENT
3. Title fs insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to in this policy is descrfbed as follows:
Policy No.: 103-0-102399
Premfum: $2,203.40
Being two parcels of land (1.398 acres Parcel M026 and 0.151 acres Slape Easement) situated in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton, Denton County, Texas
and more particularly described by Ea;hibit 66 A 99 �d 667799 attached hereto and made a part hereof for
L1 D
all purposes.
Fele IVrs.: 102399 P�ge 1�af 2
0�'CL,TA—T°�1 C?weter'sPmliey
��Y ��� �;� rthur Surveying Co., Inc.
�roFessiox�a3 �,a.u�d Szu-veyoxs
P.O. Bo� 54 �- Lewievill�:, Texas 75067
OY�ico: (972) 221-9439 •� Ffla: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M026
1.398 Acres
City of Denton, Dcnton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, City of Denton, Dentoii County, Texas, and being part of that certain cract of land described by deed to Habib
Pyarali Arab, recorded Volume 463�4, Page 2260, Deed Records, De�iton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
BEGINNINC at a"PK" N�►il set in Mayhill Road for the most easterly nortlleast corner of said AraU tract and tlie
southeast corner of a tract of land described by deed to Earl Edwards and wife, Ruth EdwArds, recorded in Volume
1546, PAge 775, D.R.D.C.T.;
THENCE South 02 degrees �30 minutes 25 seconds West, with the east line of said Arab tract and with Mayl�ill
Road, a distance oF 599.94 feet to a"PK" Nail set for tlie southeast corner of said AraU tract and tl�e northeast corner
of a tract of lxnd described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939, D.R.D.C.T.;
TH�NCE North 88 degrees 39 minutes 45 seconds West, witli the south ]ine of said Arab tract and the north line of
said I�{odge tract, a distance of 119.09 feet to 1 1/2 inch iron rod with yellow c�p stainped "Arthur Surveying
Company" (ASC) set for corner;
THENCE North 03 degrees 22 minutes 54 seconds East, over and across said Arab tract, a distance of 166.98 feet
to a l/2 inch iron rod witl� yellow cap stamped "ASC" set for the Ueginning of a curve to the right, having a radius of
12G7.50 feet;
THENCE over and across said Arab tract, with said curve to the rigl�t, tl�rougl� � central Angle nf U6 degrees 54
minutes 12 seconds, whose chord bears North 06 degrees 50 minutes 00 seconds East at 152,G2 feet, an arc length of
152.72 feet to a 1/2 inch iroii rod with yellow cap stamped "ASC" set for corner;
THENCE North 10 degrees 17 minutes 07 seconds East, over aud across said Arab tract, a distance of 232.48 feet
to a I/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of
1132,50 feet; '
THENCE over and across said Arab tract, with said curve to the left, through a central angle of O l degrees 54
minutes 52 seconds, whose chord bears No�th 09 degrees l9 minutes 41 seconds �ast at 37,84 feet, an arc length of
37,84 feet to a l/2 inch iron rod with yello�v cap stamped "ASC' set for co�ner in a north line of said Arab tract and
the south line of said Edwards tract; �
THENCE North 80 degrees 18 minutes 15 seconds East, with a�iorth line of said Arab tract and the south line of
said Bdwards tract, passing a 1/2 inch iron rod found at 41,44 feet, continuing on for a total distance oi'72.42 feet to
the POINT OF BEGINNING And containing 1398 acres of land, of which 0.364 acre lies within existing �k ;°""�""
Road. ;�� ��"
C1107131-45
Percel M026
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Eerl Edwards &
wife, Ruth Edwards
Vol. 1546, Pg. 775 ��
R=1132.50' L=37.84' "
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Ken Hodge & Assocfates
Volume 2321, Page 938
EXHIBIT "B"
Ma hill Road
Rl8'�t—O�—yiay
Parcel M026
1.398 Acres
11�.E.P. & P.R.R. Co. Survey,
Abstract Number 1489
Citp of Denton
Denton County, Texas
-- 2072 --
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100 0 50 100
SCALE: 1" = 100'
l�earings shown hereon based on the City of
Deuton G1S Network.
NO'TES;
• I.R.F. = 1/2" Iron Rod Fou��d
• 1.R,S, = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
� All improvements not shown hereon.
• Easements recorded in Vol. 266, Pg.
72, Vol. 3U8, Pg. 257, Vol. 462, Yg.
333, Vol. 2845, Pgs. 459 8c 465 &
C.C.#96-77932 do not affect subject
lract to the best of my knowledge.
New Right-ot=�vay 1,034 ac. (45,047)
Existing Implicd Dedication 0.364 ac, (15,839 sq. tt.)
1.398 Acres (60,886 sq. ti,)
Right-of-Way
Parcel M026
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SURVEYORS CERT7FLCATION:
7Le imden/ped doea Eae6y certltj� b 7Ytle
Reso� �a.�, rro, ioz�9v a� iouoi� �az �
aurvey wae thla d�y mede oa ILa grouad of tLa
proparty leyally dasorf6ed haroon md le aorrocf, md
to tlte bat ofmylmowledgq tLara aro ao vlsi6le
dlecrepeaolm, oonfllob, shortagaa 1a erca. bouaduy
llne oon6lote, mcroaohm�te, overLPP�B of
impmvemeob, aasemmfa or righb of aroy f5nt f
have bem dvloed of e�ccept av shown haeon
rthur Surveying Co., I nc.
ProR�edonel Laua S�uv�eya�
P.O.Box 64 — Lewlsville, Tezae 76087 .
0lfice: (972) 221-9�438 Faz: (972) 221-4976
Eetabliehed 1986
` h���y: rthur Surveying Co., Inc.
��
PxofessionaF �,�d S:sx-v�,yo.rs
P.O. Box 54 �• Lewisville, Texas 75067
ULYice: (972) 221-9439 -- F'fla: (972) 221-4675
EXHIBIT "A"
SLUPE EASEMENT
0.151Acres
City of Denton, Denton County, Texas
BEING all that ce►�tain lot, tract or parcel of land situated in tl�e M.E.P. & P.R.R. Co. Sw•vey, Abstract Number
1469, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Habib
Pyarali Arab, recorded Volume 4G34, PAge 2260, Deed Records, Denton County, Te�as (D.R.D.C.T.), and being
more pArticularly described as follows:
COMMENCING at a"PK" Nail seC in Mayhill Road for the most easterly northeast corner of said Arab tract ai�d
the southeast corner of a tract of land described by deed to Ear] Edwards and wife, Ruth Edwards, recorded in
Volume 1546, Page 775, D.R.D.C.T.;
THENCE Soutl� 02 degrees 40 minutes 25 seconds West, with tl�e east line of said Arab tract and with Mayhill
Road, a distance of 35.49 feet to a point for corner;
THENCE South 80 deg►•ees 14 minutes 47 seconds West, over and across said Arab tr�ct, a distance of 76.78 feet to
the POINT OF BEGINNING, same point being the beginning of a non-tangent curve to the right, having a radius
of 1132.50 feet;
THENCE over and across said Arab cract, with said cw•ve. to the rigl�t, thi•ough a central angle of OU degrees 03
minutes 20 seconds, whose chord bea�•s South l0 degrees 15 minutes 27 seconds West at 1.10 feet, an arc length of
1.10 feet to a l/2 inch iron rod with yellow cap stomped "Arthur Surveying Company" (ASC) set for corner;
THEIVCE South 10 degrees l7 minutes 07 seconds West, over and t�cross said Arab tract, a distance of 232.48 feet
to a 1/2 inch iron rod witli yellow cap stamped "ASC" set For tlie beginning of a curve to the left, having a radius of
1267.50 feet;
THENCE over and across said Arab tract, with said curve to the left, tl�rougl� a cenh•al angle of 06 degrees 54
minutes 12 seconds, wl�ose chord bears South 06 degrees 50 minutes 00 seconds West at 152,62 feet, an arc length
of 152.72 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 03 degrees 22 minutes 54 seconds West, over and across said AraU tract, a distance of 16G.98 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for coriier in the south line of said Arab tract and the north
line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939,
D.R.D.C.T.;
THENCE North 88 degrees 39 mintttes 45 seconds West, with the south line of said Arab tract and the north line of
said Hodge tract, a distance of 15.01 feet to a point for corner;
THENCE North 03 degrees 22 minutes 54 seconds East, over and across said Arab tract, a distance of 167.5 L feet
to tlie beginning of a curve to the right, having a radius of 1282.50 feet;
(continued)
C1107131-45
Parcel M026-5E
rthur Surveying Co., Inc.
�.rofessiona.p �,a,nd Surv�yors
P.�. Box 54 --• Zawieville, Texas 75067
011i�c: (972) 221-9439 •-- Fax: (972) 221-4675
THENCE over and across said Arab tract, with said curve to the right, through a central angle oF03 degrees 52
minutes 02 seconds, wliose chord bears Nortli OS degrees 18 minutes 55 seconds East at 8G.54 feet, an arc length oi
8G.56 feet to a point for corner;
THEI�TCE Noi�tl� 11 degrees 51 minutes 09 seconds East, over and across said Arab tract, a distance of 299.80 feet
to a point for corner;
THENCE North 80 degrees 14 minutes 47 seconds East, over and across said Arab tract, 1 distance of 5.32 feet to
the POINT OF BEGINNING and contaiiting 0.151 acre of land.
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C1107131-45
Percel M026-SE
Esrl Edwarda dc
� rr[fe, Ruth Edwerds
Vol, 1546, Pg. 775
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0.151 Acre � ''
Slope Easement � ��•R.s.
(60,886 sq. ft.) � � �.
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sp �
Ken Hodge & Asaoc(afes
Volume 2321, Page 939
EXHIBIT "B"
Slope Easement
0.151 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
Citp of Denton
Denton County, Texas
-- 2012 —
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SCALG: 1"= 100'
Bearings shown hureon based on the City of
Denton GIS Network.
NO'fES;
• 1.R.F'. = 1/2" Iron Rod Pound
• LR.S, = 1/2" Iron Rod Set wiNi
yellow cnp stamped "Arthur
Surveying Company"
� All improveinents not shown hereon,
� [iasements recorded in Vol. 26G, Pg.
72, Voi. 308, Pg. 257, Vol, a62, Pg.
333, Vol. 2845, Pgs. 459 & 465 &
C.C.#96-77932 do notaffectsubject
tract to the best of my knowledge.
� ���'4� �"°�'iI��,E�'
I� � ���r"�� ��z� � ���� �"����J'
Cl 1132.50' 1.10' ��`��?�'.��7�� ;��"��1;�°,��'"V�' 1.��i"
� C2 1267.50' 152.72' 06°54'12" �1�c5°:��"��'"''C�' �,�,�.��"'
�� �� ����.��? ��..�� �.� �.�"��'� �a����'.��"°% ��,��+
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SURVEYOR9 CERTTAICATION:
7be uudmalyaed doee Lemby ceidry ro TIOe
Rwoumea (Q.F, No. J02399 � 102401) tLat thls
eurvey wae rhle day mada oa the ground of the
propaiy legally dmcrJ6ed Leroon end le comecR end
to rGe 6eet ofmylmowledpe, there ue ao vlslbla
diecmpmola, conDlab, ehorhgea In eroa, boundery
llne ooaHlme, enwnAOhmente, ovedePP�BoP
Improvemmh. euemmfa ordgh�e oFway iLat I
hsve bao �dvlead ofaccept ee shown Le�eon.
rthur Surveying Co., Inc.
Pr,ofr,aedo,artt r.aaa surveyairss
P.O.Boz 64 - Lenisvllle, Tezae 76087
Otttce: (972) 221-9498 Faz: (972) 221-4676
Eetabliehed 1988
TLTA T-1 OWNER'S POLICY (2/1/10)
. � r , , , � � ,
1 ''
.
. � .� * ..
Policy No.: 103-0-102399
This policy does not insure against loss or damage (and the Company will not pay costs, attarneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Shortages in area.
Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persans, the public,
corporations, gavernments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
L.^
c.
d.
e.
lakes, bays, gulfs or oceans, or
to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
to iilled-in lands, or artiiicial islands, or
to statutory water rights, including riparian rights, or
to the area extending from the line of inean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2015, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the praperty under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating ar offering evidence af the matters
(The Company must insert matters or delete this exception):
a. Over head power line(s) and poles in place as shown on survey dated October 18, 2013,
prepared by Douglas L. Arthur, RPLS #4357.
b. Mineral Estate and Interest described in instrument iiled I7ecember 19, 2014, CC# 2014-128541,
Real Property Recards of Denton County, Texas. (Title to said interest not checked subsequent
thereto.)(Affects the 1.398 acres Parcel M026)
c. Terms, Conditions and Stipulations as described in Utility and Slope Easement filed December
19, 2014, CC# 2014-128542, Real Property Records of Denton Caunty, Texas. (Affects the 0.151
acres SLOPE EASEMENT)
F�le 3Vo.: ] 02399 Page 2 of 2
0� TL.'f�.—T-1 (3�vner's Pol��y
preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws
by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
� ���K � G�+�,u Tltle Resources Gciaranly Compa�cy
��� '� "� n �� '^�.�_ ���� �'�� � By: �c.'�-�� �d�� ��,� ����.�,
An Authodzed r ,� �, 4�^,��` Executive Vice C�ari�,kdr�ru
�"���� �������'��� �� � �,� �w � � ��� � �
�� �,�
52y s. Ls►�p 2��, S�s 1��,� �-' ���r�a���� ��� ..�...
�entor�, TX 75�0�-4�� 5
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(ii) subdivision of land; or
(iii) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
6.The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A because of Unmarketable Title.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying
the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly-owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured
by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect
to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is located.
Q) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or
conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing
(i) in case of any litigation as set forth in Section 5(a) below, or
(ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If
the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability
to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse
claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or
other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable
time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company
concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the
Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect
is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien,
encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii)
upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner,
mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception
for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land
or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of
a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or
other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through
(v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions,
the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the
right, in its sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times
and places as may be designated by the authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these
records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under this policy, other than to make the payment required in
this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together
with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company
of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the Ioss or damage determined either as of the date the claim
was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably
diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and
expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company
to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation
rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to
the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,
any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance.
Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term
defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other
form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the
interpretation, rights, remedies or enforcement of
policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the
law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the
Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must
be given to the Company at 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Title Resources Guaranty
Company's toll-free telephone number for
information or to make a complaint at:
1-800-526-8018
You may also write to Title Resources
Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-800-252-3439
You may write the Texas Department of
Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should
contact the company first. If the dispute is
not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
28 TAC §1.601(a)(3)
AVISO IMPORTANTE
Para obtener informacion o para someter
una queja:
Usted puede Ilamar al numero de telephono
gratis de Title Resources Guaranty
Company's para informacion o para someter
una queja al:
1-800-526-8018
Usted tambien puede escribir a Title
Resources Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos
o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros
de Texas:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O
RECLAMOS:
Si tiene una disputa concerniente a su prima
o a un reclamo, debe comunicarse con la
compania primero. Si no se resuelve la
disputa, puede entonces comunicarse con el
departamento (TDI).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de
informacion y no se convierte en parte o
condicion del documento adjunto.
Title Resources Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may
be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies
you of the privacy policies and practices of Title Resources Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy
Notice, no additional nonpublic personal information will be collected about
you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types
of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint
marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities
and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION
ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT
SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
FT (6/2001)
File No.: 102399
TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 102399
TITLE RESOURCES GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 102399
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
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